Disposition Contract Requirement

Transcription

1 Fax Disposition Contract Requirement Disposition Contract Requirements Online offer submitted via ebrokerhouse.com during open online bidding (must include all items listed below). Incomplete offers will not be accepted or considered. If client is represented by an agent, the agent must upload fully executed documents for consideration. Properties are not under contract until a written approval has been provided. Offers will be accepted until this has been reached. The listing will be updated on the county s website and on ebrokerhouse.com. For any technical issues with offers, please contact the ebroker directly: The MLS# on ROC properties is equal to the street number i.e. 123 Main Street s MLS #123. Parties of the Sale (ROC Document) Legible Purchase and Sales Agreement NSP Addendum #1 (ROC Document): The NSP Contract Addendum #1 must be listed under exhibits and addendum on the offer. Rockdale County Eligibility Notice for the NSP Completed Lender Agreement & Lender Approval Letter (Must Cover the Entire Sales Price): The NSP Lender Agreement and Worksheet must be listed under exhibits and addendum on the offer. Earnest Money Requirements- $ on all inventory. EM will be held by ROC s Closing Attorney ONLY. EM must be in certified funds submitted within two days. Special Notes to Contract Items Leave the Listing Broker and Seller s information blank. Rockdale County will complete the necessary portions. All other blank fields - enter or 0 Closing Attorney T. Smith Law Group 920 Green St SW Conyers, GA (770) (Attorney shall hold earnest money) Special Stipulations: BUYER warrants that BUYER shall NOT ENTER INTO ANY OTHER SUCH CONTRACTS TO PURCHASE A HOME AS A PRIMARY RESIDENCE. All properties are sold in AS-IS condition. No additional repairs or concessions will be rendered. Seller will provide a one year home warranty on said property. In the event the property does not appraise, seller reserves the right to reduce the homebuyer assistance by the difference in appraised value. Buyer shall receive a minimum of 3.5% toward the purchase of the home in an instance where there is a reduction in sales price. Please enter for any addendums that are not apart of the contract. Agents please include your license number and firm information on the signature page. Include FHA Loan Exhibit, if buyer is obtaining a FHA loan. ROC NSP must be listed on this exhibit as the 2nd mortgage. The interest rate is 0%, the years =0 and the source is other. Include a copy of buyer s homebuyer education certificate. Please have buyer to initial the bottom of each page. Include all template pages enclosed here with final contract submission. There will be a maximum ten (10) day due diligence period. All Contract shall be written for forty-five (45) days. Contract Time Limit: 10 Days at 12pm Appendix R

2 PURCHASE AND SALE AGREEMENT Offer Date: 2013 Printing 1. Purchase and Sale. The undersigned buyer(s) ( Buyer ) agree to buy and the undersigned seller(s) ( Seller ) agree to sell the real property described below including all fixtures, improvements and landscaping therein ( Property ) on the terms and conditions set forth in this Agreement. A. Property Identification: Address: City, County, Georgia, Zip Code MLS Number: Tax I.D. Number: B. Legal Description: The legal description of the Property is [select one of the following below]: 1. attached as an exhibit hereto; 2. the same as described in Deed Book, Page of the land records of the above county; OR 3. Land Lot(s) of the District, Section/ GMD, Lot, Block, Unit, Phase/Section of Subdivision/Development, according to the plat recorded in Plat Book, Page, et. seq., of the land records of the above county. C. Purchase Price of Property to be Paid by Buyer: D. Seller s Monetary Contribution at Closing: $ $ 5% E. Closing Date: F. Seller Retains Possession of Property Through: 45 DAYS FROM BINDING AGREEMENT DATE CLOSING G. Holder of Earnest Money ( Holder ): H. Closing Law Firm: T. SMITH LAW GROUP T. SMITH LAW GROUP I. Earnest Money: Earnest Money shall be paid by check cash wire transfer of immediately available funds as follows: $ as of the Offer Date. 2. $ 1, within 2 days from the Binding Agreement Date. 3. _ J. Property is being sold subject to a Due Diligence Period of 10 days from the Binding Agreement Date. K. A survey of Property is OR is not attached to this Agreement as an exhibit. L. To the best of Seller s knowledge, the residential dwelling(s) on the Property (including any portion thereof or painted fixture therein) was OR was not built prior to 1978 (If it was, a Lead-Based Paint Exhibit must be attached to this Agreement). M. Buyer has OR has not received a copy of the GAR brochure entitled Protect Yourself When Buying a Home. N. Time Limit of Offer: The Offer set forth herein expires at 12 o clock.m. P on the date. (TEN DAYS FROM OFFER DATE) 2. Brokerage Relationships in this Transaction. A. Selling Broker is and is: B. Listing Broker is and is: 1. representing Buyer as a client. 1. representing Seller as a client. 2. not representing Buyer (Buyer is a customer). 2. not representing Seller (Seller is a customer). 3. acting as a dual agent representing both Buyer and Seller. 3. acting as a dual agent representing both Buyer and Seller. 4. acting as a designated agent where has been assigned to exclusively represent Buyer. 4. acting as a designated agent where has been assigned to exclusively represent Seller. C. Material Relationship Disclosure: Broker and/or their affiliated licensees disclose the following material relationships: Buyer(s) Initials / Seller(s) Initials / Tanesha Lanier THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS AT (770) Copyright 2013 by Georgia Association of REALTORS, Inc. F20, Purchase and Sale Agreement, Page 1 of 7, 07/01/13

3 3. Purchase Price and Method of Payment. The Purchase Price shall be paid in U.S. Dollars at closing in cash or its equivalent which shall only include the wire transfer of immediately available funds, or a cashier s check issued for the closing by a federally insured bank, savings bank, savings and loan association or credit union where the funds are immediately available. 4. Deposit of Earnest Money. The earnest money shall be deposited into Holder s escrow/trust account (with Holder being permitted to retain the interest if the account is interest bearing) not later than: (a) five (5) banking days after the Binding Agreement Date hereunder or (b) five (5) banking days after the date it is actually received if it is received after the Binding Agreement Date. If Buyer writes a check for earnest money and the same is deposited into Holder s escrow/trust account, Holder shall not return the earnest money until the check has cleared the account on which the check was written. In the event any earnest money check is dishonored by the bank upon which it is drawn, or earnest money is not timely paid, Holder shall promptly give notice of the same to Buyer and Seller. Buyer shall have three (3) banking days from the date of receiving the notice to cure the default and if Buyer does not do so, Seller may within seven (7) days thereafter terminate this Agreement upon notice to Buyer. If Seller fails to terminate the Agreement timely, Seller s right to terminate based on the default shall be waived. 5. Closing Costs, Prorations, Right to Extend Closing Date and Closing Law Firm. A. Items Paid By Buyer: At closing, Buyer shall pay: (1) Georgia property transfer tax; (2) the cost to search title and tax records and prepare the warranty deed; and (3) all other costs, fees and charges to close this transaction, except as they relate to the clearance of title encumbrances and/or defects necessary for Seller to be able to convey good and marketable title to the Property. B. Items Paid By Seller: At closing, Seller shall make the referenced Seller s Monetary Contribution which Buyer may use to pay any cost or expense of Buyer related to this transaction. Buyer acknowledges that Buyer s mortgage lender(s) may not allow the Seller s Monetary Contribution, or the full amount thereof, to be used for some costs or expenses. In such event, any unused portion of the Seller s Monetary Contribution shall remain the property of the Seller. In addition, Seller shall pay all costs, fees and charges necessary to clear title encumbrances and/or defects necessary to allow Seller to be able to convey good and marketable title to the Property and any extra costs, fees and charges resulting from Seller not being able to attend the closing in person. C. Prorations: Ad valorem property taxes, community association fees, solid waste and governmental fees and utility bills for which service cannot be terminated as of the date of closing shall be prorated as of the date of closing. In the event ad valorem property taxes are based upon an estimated tax bill or tax bill under appeal, Buyer and Seller shall, upon the issuance of the actual tax bill or the appeal being resolved, promptly make such financial adjustments between themselves as are necessary to correctly prorate the tax bill. In the event there are tax savings resulting from a tax appeal, third party costs to handle the appeal may be deducted from the savings for that tax year before re-prorating. Any pending tax appeal shall be deemed assigned to Buyer at closing. D. Extending the Closing Date: Buyer or Seller may unilaterally extend the closing date for seven (7) days upon notice to the other party given prior to or on the date of closing if: (1) Seller cannot satisfy valid title objections (excluding title objections that: (a) can be satisfied through the payment of money or by bonding off the same; and (b) do not prevent Seller from conveying good and marketable title, as that term is defined herein, to the Property); or (2) Buyer s mortgage lender, if any, (including in all cash transactions) or the closing attorney cannot fulfill their respective obligations by the date of closing, provided that the delay is not caused by Buyer. The party unilaterally extending the closing date shall state the basis for the delay in the notice of extension. If the right to unilaterally extend the closing date is exercised once by either the Buyer or Seller, the right shall thereafter terminate. E. Closing Law Firm: If Buyer is given the right to select a law firm from a mortgage lender s approved list of closing attorneys, Buyer agrees to select the law firm referenced in this Agreement. If the law firm named above is not on the mortgage lender s approved list, and cannot be added in time to close this transaction, Buyer may select another law firm from lender s approved list to close this transaction. The closing attorney shall represent the mortgage lender in any transaction in which the Buyer obtains mortgage financing (including transactions where the method of payment referenced herein is all cash ). In transactions where the Buyer does not obtain mortgage financing, the closing attorney shall represent the Buyer. If the closing attorney declines such representation, the Buyer may select a different closing attorney. 6. Title. A. Warranty: Seller warrants that at the time of closing Seller will convey good and marketable title to said Property by general warranty deed subject only to: (1) zoning; (2) general utility, sewer, and drainage easements of record as of the Binding Agreement Date and upon which the improvements do not encroach; (3) declarations of condominium and declarations of covenants, conditions and restrictions of record on the Binding Agreement Date; and (4) leases and other encumbrances specified in this Agreement. Buyer agrees to assume Seller s responsibilities in any leases specified in this Agreement. B. Examination: Buyer may examine title and furnish Seller with a written statement of title objections at or prior to the closing. If Seller fails or is unable to satisfy valid title objections at or prior to the closing or any unilateral extension thereof, which would prevent the Seller from conveying good and marketable title to the Property, then Buyer, among its other remedies, may terminate the Agreement without penalty upon written notice to Seller. Good and marketable title as used herein shall mean title which a title insurance company licensed to do business in Georgia will insure at its regular rates, subject only to standard exceptions. C. Survey: Notwithstanding any other provision to the contrary contained herein, Buyer shall have the right to terminate this Agreement upon notice to Seller if a new survey of the Property performed by a licensed Georgia surveyor is obtained that is materially different from any survey of the Property provided by Seller and attached hereto as an exhibit. The term materially different shall not apply to any improvements or repairs constructed by Seller in their agreed-upon locations subsequent to Binding Date Agreement. Matters revealed in any survey, including a survey attached hereto may be raised by Buyer as title objections. Tanesha Lanier THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS AT (770) Copyright 2013 by Georgia Association of REALTORS, Inc. F20, Purchase and Sale Agreement, Page 2 of 7, 07/01/13

4 7. Risk of Damage to Property. Seller warrants that at the time of closing the Property and all items remaining with the Property, if any, will be in substantially the same condition (including conditions disclosed in the Seller s Property Disclosure Statement) as on the Binding Agreement Date, except for changes made to the condition of Property pursuant to the written agreement of Buyer and Seller. Seller shall deliver Property clean and free of trash and debris at time of possession. Notwithstanding the above, if the Property is destroyed or substantially damaged prior to closing, Seller shall promptly give notice to Buyer of the same and provide Buyer with whatever information Seller has regarding the availability of insurance and the disposition of any insurance claim. Buyer or Seller may terminate this Agreement not later than fourteen (14) days from receipt of the above notice. If Buyer or Seller do not terminate this Agreement, Seller shall cause Property to be restored to substantially the same condition as on the Binding Agreement Date. The date of closing shall be extended until the earlier of one year from the original date of closing, or seven (7) days from the date that Property has been restored to substantially the same condition as on the Binding Agreement Date and a new certificate of occupancy (if required) is issued. 8. Inspection. A. Right to Inspect Property: Buyer and/or Buyer s representatives shall have the right to enter the Property at Buyer s expense and at reasonable times (including immediately prior to closing) to inspect, examine, test, appraise and survey Property. Seller shall cause all utilities, systems and equipment to be on so that Buyer may complete all inspections. Buyer agrees to hold Seller and all Brokers harmless from all claims, injuries and damages relating to the exercise of these rights. B. Duty to Inspect Neighborhood: In every neighborhood there are conditions which different buyers may find objectionable. Buyer shall have the sole duty to become familiar with neighborhood conditions that could affect the Property such as landfills, quarries, power lines, airports, cemeteries, prisons, stadiums, odor and noise producing activities, crime and school, land use, government and transportation maps and plans. It shall be Buyer s sole duty to become familiar with neighborhood conditions of concern to Buyer. If Buyer is concerned about the possibility of a registered sex offender residing in a neighborhood in which Buyer is interested, Buyer should review the Georgia Violent Sex Offender Registry available on the Georgia Bureau of Investigation Website at 9. Property Sold As-Is Unless this Agreement is Subject to Due Diligence Period. A. General. Unless the Property is being sold subject to a Due Diligence Period referenced herein, the Property shall be sold "as-is" with all faults. The inclusion of a Due Diligence Period herein shall: (1) during its term make this Agreement an option contract in which Buyer may decide to proceed or not proceed with the purchase of the Property for any or no reason; and (2) be an acknowledgement by Seller that Buyer has paid separate valuable consideration of $10 for the granting of the option. B. Purpose of Due Diligence Period. During the Due Diligence Period, Buyer shall determine whether or not to exercise Buyer's option to proceed or not proceed with the purchase of the Property. If Buyer has concerns with the Property, Buyer may during the Due Diligence Period seek to negotiate an amendment to this Agreement to address such concerns. C. Notice of Decision Not To Proceed. Buyer shall have elected to exercise Buyer's option to purchase the Property unless prior to the end of any Due Diligence Period, Buyer notifies Seller of Buyer's decision not to proceed by delivering to Seller a notice of termination of this Agreement. In the event Buyer does not terminate this Agreement prior to the end of the Due Diligence Period, then: (1) Buyer shall have accepted the Property "as-is" subject to the terms of this Agreement; and (2) Buyer shall no longer have any right to terminate this Agreement based upon the Due Diligence Period. 10. Return and Disbursement of Earnest Money. A. Entitlement to Earnest Money: Subject to the paragraph below, Buyer shall be entitled to the earnest money upon the: (1) failure of the parties to enter into a binding agreement; (2) failure of any contingency or condition to which this Agreement is subject; (3) termination of this Agreement due to the default of Seller; or (4) termination of this Agreement in accordance with a specific right to terminate set forth in the Agreement. Otherwise, the earnest money shall be applied towards the purchase price of the Property at closing or if other funds are used to pay the purchase price then the earnest money shall be returned to Buyer. B. Disbursement of Earnest Money: Holder shall disburse the earnest money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the earnest money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder may disburse the earnest money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the earnest money as originally proposed, Holder may do so and send notice to the parties of Holder s action. If Holder decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall offer to disburse the earnest money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. If the check is accepted and deposited by Seller, it shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Such liquidated damages are a reasonable pre-estimate of Seller s actual damages, which damages are difficult to ascertain and are not a penalty. Nothing herein shall prevent the Seller from declining the tender of the earnest money by the Holder. In such event, Holder, after giving Buyer and Seller the required ten (10) day notice of the proposed disbursement, shall disburse the earnest money to Buyer. C. Interpleader: If an earnest money dispute cannot be resolved after a reasonable time, Holder may interplead the earnest money into a court of competent jurisdiction if Holder is unsure who is entitled to the earnest money. Holder shall be reimbursed for and may deduct its costs, expenses and reasonable attorney s fees from any funds interpleaded. The prevailing defendant in the interpleader lawsuit shall be entitled to collect its attorney s fees, court costs and the amount deducted by Holder to cover Holder s costs and expenses from the non-prevailing defendant. Tanesha Lanier THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS AT (770) Copyright 2013 by Georgia Association of REALTORS, Inc. F20, Purchase and Sale Agreement, Page 3 of 7, 07/01/13

5 D. Hold Harmless: All parties hereby covenant and agree to: (1) indemnify and hold Holder harmless from and against all claims, injuries, suits and damages arising out of the performance by Holder of its duties; (2) not to sue Holder for any decision of Holder to disburse earnest money in accordance with this Agreement. 11. Agency and Brokerage. A. Agency Disclosure: In this Agreement, the term Broker shall mean a licensed Georgia real estate broker or brokerage firm and, where the context would indicate, the broker s affiliated licensees. No Broker in this transaction shall owe any duty to Buyer or Seller greater than what is set forth in their brokerage engagements and the Brokerage Relationships in Real Estate Transactions Act, O.C.G.A. 10-6A-1 et. seq.; 1. No Agency Relationship. Buyer and Seller acknowledge that, if they are not represented by Brokers in a client relationship, they are each solely responsible for protecting their own interests, and that Broker s role is limited to performing ministerial acts for that party. 2. Consent to Dual Agency. If Broker is acting as dual agent in this transaction, Buyer and Seller consent to the same and acknowledge having been advised of the following: a. Dual Agency Disclosure. [Applicable only if Broker is acting as a dual agent in this transaction]. (1) As a dual agent, Broker is representing two clients whose interests are or at times could be different or even adverse; (2) Broker will disclose all adverse material facts relevant to the transaction and actually known to the dual agent to all parties in the transaction except for information made confidential by request or instructions from each client which is not otherwise required to be disclosed by law; (3) Buyer and Seller do not have to consent to dual agency and the consent of Buyer and Seller to dual agency has been given voluntarily and the parties have read and understand their brokerage engagement agreements. (4) Notwithstanding any provision to the contrary contained herein Buyer and Seller each hereby direct Broker while acting as a dual agent to keep confidential and not reveal to the other party any information which could materially and adversely affect their negotiating position. b. Designated Agency Disclosure. If Broker in this transaction is acting as a designated agent, Buyer and Seller consent to the same and acknowledge that each designated agent shall exclusively represent the party to whom each has been assigned as a client and shall not represent in this transaction the client assigned to the other designated agent. B. Brokerage: Seller has agreed to pay Listing Broker(s) a commission pursuant to a separate brokerage engagement agreement entered into between the parties and incorporated herein by reference ( Listing Agreement ). The Listing Broker has agreed to share that commission with the Selling Broker. The closing attorney is hereby authorized and directed to pay the Broker(s) at closing, their respective portions of the commissions out of the proceeds of the sale. If the sale proceeds are insufficient to pay the full commission, the party owing the commission shall pay any shortfall at closing. The acceptance by the Broker(s) of a partial real estate commission at the closing shall not relieve the party owing the same from paying the remainder after the closing (unless the Broker(s) have expressly and in writing agreed to accept the amount paid in full satisfaction of the Broker(s) claim to a commission). 12. Disclaimer. Buyer and Seller have not relied upon any advice or representations of Brokers other than what is included in this Agreement. Brokers shall have no duty to advise Buyer and Seller on any matter relating to the Property which could have been revealed through a survey, title search, Official Georgia Wood Infestation Report, inspection by a professional home inspector or construction expert, utility bill review, an appraisal, inspection by an environmental engineering inspector, consulting governmental officials or a review of this Agreement and transaction by an attorney, financial planner, mortgage consultant or tax planner. Buyer and Seller should seek independent expert advice regarding any matter of concern to them relative to the Property and this Agreement. 13. Lead-Based Paint. If any portion of a residential dwelling on the Property was built prior to 1978, the Lead-Based Paint Exhibit is hereby attached as an exhibit to this Agreement. The term residential dwelling includes any painted fixture or material used therein that was built or manufactured prior to Notices. A. Notices Must Be In Writing: All notices, including but not limited to offers, counteroffers, acceptances, amendments, demands, notices of termination and other notices, required or permitted hereunder shall be in writing, signed by the party giving the notice. It is the intent of the parties that the requirements of this Notice paragraph shall apply even prior to this Agreement becoming binding. B. Delivery of Notice: Subject to limitations and conditions set forth herein, notices may only be delivered: (1) in person; (2) by an overnight delivery service, prepaid; (3) by facsimile transmission (FAX); (4) by registered or certified U. S. mail, prepaid, return receipt requested; or (5) by . C. When Notice Is Received: A notice shall not be deemed to be given, delivered or received until it is actually received by the party to whom the notice was intended or that person s authorized agent. Notwithstanding the above, a notice sent by FAX shall be deemed to be received by the party to whom it was sent as of the date and time it is transmitted to either the party or the party s authorized agent provided that the sending FAX produces a written confirmation showing the date and the time of the actual transmission and the telephone number referenced herein to which the notice should have been sent. Additionally, if the sender of a notice by receives an automatic reply indicating that the has been opened ( Read Receipt ), the notice shall be deemed received at that time. D. Notices Sent to Broker: Except in transactions where the Broker is practicing designated agency, notice to the Broker, the Broker s employees or the affiliated licensee of Broker representing a party in the transaction shall for all purposes herein be deemed to be notice to that the party and such persons shall be authorized agents of the party for the purpose of receiving notice. In any transaction where the Broker is practicing designated agency, only notice to the affiliated licensee designated by Broker to represent the party in the transaction shall be notice to that party. Personal delivery of notice may only be delivered to the party intended to receive the same or that party s authorized agent. Notice to a Broker or the affiliated licensee of Broker who is working with, but not representing a party, shall not be deemed to be notice to that party. Tanesha Lanier THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS AT (770) Copyright 2013 by Georgia Association of REALTORS, Inc. F20, Purchase and Sale Agreement, Page 4 of 7, 07/01/13

6 E. Notice by Fax or to a Broker or Affiliated Licensee of a Broker: Notices by fax or to a Broker or the affiliated licensee of a Broker may only be sent to the address or fax number, if any, of the Broker or the affiliated licensee of the Broker set forth on the signature page of this Agreement or subsequently provided by the Broker or the affiliated licensee of Broker following the notice procedures set forth herein. If no fax number or address is included on the signature page of this Agreement (or is subsequently provided by the Broker or the affiliated licensee of Broker following the notice procedures) then notice by the means of communication not provided shall not be valid for any purpose herein. F. Address, or Number for Receiving Notices: Notices to a signatory to this Agreement shall only be effective if sent to the FAX number, address and/or physical address of the signatory listed on the signature page of this Agreement or subsequently provided by the signatory to the other signatories hereto in accordance with the notice provisions herein. 15. Default. A. Rights of Buyer or Seller: A party defaulting under this Agreement shall be liable for the default. The non-defaulting party may pursue any lawful remedy against the defaulting party. B. Rights of Broker: In the event a party defaults under this Agreement, the defaulting party shall pay as liquidated damages to every broker involved in this transaction with whom the defaulting party does not have a brokerage engagement agreement an amount equal to the share of the commission the broker would have received had the transaction closed. For purposes of determining the amount of liquidated damages to be paid by the defaulting party, the written offer(s) of compensation to such broker and/or other written agreements establishing such broker s commission are incorporated herein by reference. The liquidated damages referenced above are a reasonable pre-estimate of the Broker(s) actual damages and are not a penalty. In the event a Broker referenced herein either has a brokerage engagement agreement or other written agreement for the payment of a real estate commission with a defaulting party, the Broker shall only have such remedies against the defaulting party as are provided for in such agreement. 16. Other Provisions. A. Warranties Transfer: Seller agrees to transfer to Buyer, at closing, subject to Buyer s acceptance thereof (and at Buyer s expense, if there is any cost associated with said transfer), Seller s interest in any existing manufacturer s warranties, service contracts, termite treatment and/or repair guarantee and/or other similar warranties which, by their terms, may be transferable to Buyer. B. Repairs: All agreed upon repairs and replacements shall be performed in a good and workmanlike manner prior to closing. C. Keys and Openers: At closing, Seller shall provide Buyer with all keys, door openers, codes and other similar equipment pertaining to the Property. D. Entire Agreement, Modification and Assignment: This Agreement constitutes the sole and entire agreement between all of the parties, supersedes all of their prior written and verbal agreements and shall be binding upon the parties and their successors, heirs and permitted assigns. No representation, promise or inducement not included in this Agreement shall be binding upon any party hereto. This Agreement may not be amended or waived except upon the written agreement of Buyer and Seller. This Agreement may not be assigned by Buyer except with the written agreement of Seller. Any assignee shall fulfill all the terms and conditions of this Agreement. E. Survival of Agreement: The following shall survive the closing of this Agreement: (1) the obligation of a party to pay a real estate commission; (2) any warranty of title; (3) all representations of Seller regarding the Property; and (4) any obligations which the parties herein agree shall survive the closing or may be performed or fulfilled after the closing. F. Governing Law and Interpretation: This Agreement may be signed in multiple counterparts each of which shall be deemed to be an original and shall be interpreted in accordance with the laws of Georgia. No provision herein, by virtue of the party who drafted it, shall be interpreted less favorably against one party than another. All references to time shall mean the time in Georgia. G. Time of Essence: Time is of the essence of this Agreement. H. Terminology: As the context may require in this Agreement: (1) the singular shall mean the plural and vice versa; and (2) all pronouns shall mean and include the person, entity, firm, or corporation to which they relate. I. Binding Agreement Date: The Binding Agreement Date in this Agreement shall be the date when the party making the last offer, or the Broker (except in a designated agency transaction) the Broker s employees or affiliated licensee of Broker representing that party as a client, receives notice that the offer has been accepted. This party (or the Broker or affiliated licensee representing this party as a client) shall fill in the Binding Agreement Date below and promptly give notice of this date to the other party. Filling in the Binding Agreement Date shall not be deemed to be a counteroffer. J. Duty to Cooperate: All parties agree to do all things reasonably necessary to timely and in good faith fulfill the terms of this Agreement. Buyer and Seller shall execute and deliver such certifications, affidavits, and statements required by law or reasonably requested by the closing attorney, mortgage lender and/or the title insurance company to meet their respective requirements. K. Electronic Signatures: For all purposes herein, an electronic or facsimile signature shall be deemed the same as an original signature; provided, however, that all parties agree to promptly re-execute a conformed copy of this Agreement with original signatures if requested to do so by, the buyer s mortgage lender or the other party. L. GAR Forms: The Georgia Association of REALTORS, Inc. ( GAR ) issues certain standard real estate forms. These GAR forms are frequently provided to the parties in real estate transactions. No party is required to use any GAR form. Since these forms are generic and written with the interests of multiple parties in mind, they may need to be modified to meet the specific needs of the parties using them. If any party has any questions about his or her rights and obligations under any GAR form he or she should consult an attorney. The parties hereto agree that the GAR forms may only be used in accordance with the licensing agreement of GAR. While GAR forms may be modified by the parties, no GAR form may be reproduced with sections removed, altered or modified unless the changes are visible on the form itself or in a stipulation, addendum, exhibit or amendment thereto. M. Time Limit of Offer: The referenced Time Limit of the Offer shall be the date and time on which the Offer expires if both of the following have not occurred: (1) the Offer has not been accepted by the party to whom the Offer was made; and (2) notice of acceptance of the Offer has not been delivered to the party who made the Offer. Tanesha Lanier THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS AT (770) Copyright 2013 by Georgia Association of REALTORS, Inc. F20, Purchase and Sale Agreement, Page 5 of 7, 07/01/13

7 17. Exhibits and Addenda. All exhibits and/or addenda attached hereto, listed below, or referenced herein are made a part of this Agreement. If any such exhibit or addendum conflicts with any preceding paragraph (including any changes thereto made by the parties), said exhibit or addendum shall control: Appraisal Contingency as Exhibit Back-up Agreement Contingency as Exhibit Community Association Disclosure as Exhibit FHA Loan Exhibit OR VA Loan Exhibit OR Conventional Loan Exhibit OR USDA-RD Loan Exhibit as A Exhibit Lead-Based Paint Exhibit as Exhibit [If any portion of a residential dwelling was built prior to 1978, a Lead-Based Paint Exhibit must under federal law be attached as an exhibit to this Agreement.] Legal Description of the Property as Exhibit Sale or Lease of Buyer s Property Contingency as Exhibit Seller s Property Disclosure Statement as Exhibit Source of Buyer s Funds as Exhibit Survey of Property as Exhibit Temporary Occupancy Agreement as Exhibit Other Parties of the Sale ADDENDUM #2 Other NSP Addendum #1 (ROC Document) Other Rockdale County Eligibility Notice ADDENDUM #3 Other Lender Agreement & Worksheet ADDENDUM #4 SPECIAL STIPULATIONS: The following Special Stipulations, if conflicting with any exhibit, addendum, or preceding paragraph (including any changes thereto made by the parties), shall control: 1. There will be a maximum ten (10) day due diligence period. 2. BUYER warrants that BUYER shall NOT ENTER INTO ANY OTHER SUCH CONTRACTS TO PURCHASE A HOME AS A PRIMARY RESIDENCE. 3. All properties are sold in AS-IS condition. No additional repairs or concessions will be rendered. 4. Seller will provide a one year home warranty on said property. 5. Seller will provide a one year home warranty on said property. In the event the property does not appraise, seller reserves the right to reduce the buyer assistance by the difference in appraised value. Buyer shall receive a minimum of 3.5% toward the purchase of the home in an instance where there is a reduction in sales price. 6. All time lines shall start from the binding agreement date. 7. The following exhibits shall be made a part of this agreement: EXHIBIT B: EARNEST MONEY EXHBIT C: COUNSELING CERTIFICATE EXHIBIT D: LENDER PRE-APPROVAL Additional Special Stipulations are or are not attached. Tanesha Lanier THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS AT (770) Copyright 2013 by Georgia Association of REALTORS, Inc. F20, Purchase and Sale Agreement, Page 6 of 7, 07/01/13

8 Buyer Acceptance and Contact Information Seller Acceptance and Contact Information Buyer s Signature Seller s Signature Buyer s Address Buyer s Address Seller s Address Seller s Address _ Buyer s Phone # Fax # Seller s Phone # Fax # _ Buyer s Signature Seller s Signature Buyer s Address Seller s Address _ Buyer s Address Seller s Address Buyer s Phone # Fax # Seller s Phone # Fax # Selling Broker/Affiliated Licensee Contact Information: Selling Broker By: Broker or Broker s Affiliated Licensee Listing Broker/Affiliated Licensee Contact Information: _ Listing Broker By: Broker or Broker s Affiliated Licensee MLS Office Code Brokerage Firm License Number MLS Office Code Brokerage Firm License Number _ Phone # Fax # Phone # Fax # Selling Agent s Georgia Real Estate License Number Listing Agent s Georgia Real Estate License Number Member of: of REALTORS Member of: of REALTORS Binding Agreement Date: The Binding Agreement Date in this transaction is the date of and has been filled in by. Tanesha Lanier THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS AT (770) Copyright 2013 by Georgia Association of REALTORS, Inc. F20, Purchase and Sale Agreement, Page 7 of 7, 07/01/13

9 FHA LOAN EXHIBIT A 2013 Printing This Exhibit is part of the Agreement with an Offer Date of for the purchase and sale of that certain Property known as:,, Georgia. 1. Application. Buyer shall have 5 days from the Binding Agreement Date ( Mortgage Loan Application Period ) to apply for the Federal Housing Administration (FHA) loan or loans described below ( Loan(s) ) and deliver to Seller either a Good Faith Estimate meeting current HUD requirements for such Loan(s) or a letter from a lender showing the date upon which the buyer completed the loan application. If Buyer has agreed to apply for a mortgage loan with a lender identified below, the Good Faith Estimate or Lender Letter must be from one or more of those lenders. [Select A. or A. and B.below. Any box not selected shall not be a part of this Agreement. All Loan terms must be filled in]. A. FIRST MORTGAGE LOAN Loan Amount Term Interest Rate (at par) Rate Type Source Of Loans Term % of purchase price years % per annum (or initial rate on adjustable loan) Fixed Adjustable Institutional B. SECOND MORTGAGE LOAN $14,500 % Toward of purchase price 5 % 0 per annum years (or initial rate on Fixed adjustable loan) Adjustable Institutional Seller Interest Only Other 2. Buyer to Apply for Loan Approval with Agreed Upon Mortgage Lender. Buyer agrees to apply for approval of the Loan(s) with at least one of the mortgage Lenders, if any, identified as below: 1ST MORTGAE LENDER: 2ND MORTGAGE LENDER: ROCKDALE COUNTY NSP While Buyer is required to apply for approval of the Loan(s) with at least one of the lenders, if any, identified above, nothing herein shall require Buyer to obtain mortgage financing from any such lender. Buyer may also pursue different loans than the Loan(s) described above. However, the denial of such other loans may not be a basis for Buyer to terminate this Agreement. Buyer shall immediately notify Seller of the name of any other lender from whom Buyer has applied for mortgage financing to purchase the Property and the name, address and work telephone number of the loan originator with whom Buyer is working. Notwithstanding any provision to the contrary contained in this Exhibit, Buyer shall be deemed to have the ability to obtain any Loan(s) not being made by an institutional mortgage Lender. 3. Financing Contingency. Buyer shall have 21 days from the Binding Agreement Date ( Financing Contingency Period ) to determine if Buyer has the ability to obtain the institutional mortgage loan(s) described above. Buyer shall be deemed to have the ability to obtain such Loan(s), the financing contingency shall be satisfied and the Agreement no longer subject to a financing contingency, unless prior to the end of the Financing Contingency Period, Buyer causes to be delivered to Seller a letter from an institutional mortgage lender licensed to do business in Georgia denying one or both of the above-described Loan(s) which letter is based upon the lender s customary and standard underwriting criteria ( Loan Denial Letter ). The Loan Denial Letter may not be based upon any of the following: (a) Buyer lacking sufficient funds other than the amount of the Loan(s) to close; (b) Buyer not having leased or sold other real property (unless such a contingency is expressly provided for in this Agreement); or (c) Buyer not having provided the lender(s) in a timely fashion with all information required by lender, including but not limited to, loan documentation, Official Wood Infestation Reports, structural letters, well tests, septic system certifications, flood plain certifications and any other similar information required by lender (hereinafter collectively Required Information ). Buyer may during the Financing Contingency Period terminate this Agreement without penalty if Buyer notifies Seller of Buyer s decision to terminate and provides Seller with the Loan Denial Letter meeting the requirements herein. Tanesha Lanier THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS AT (770) Copyright 2013 by Georgia Association of REALTORS, Inc. F63, FHA Loan Exhibit, Page 1 of 3, 01/01/13

10 4. Duty to Deliver Evidence of Ability to Close. If Buyer does not terminate the Agreement in accordance with the Financing Contingency paragraph above, Buyer shall be obligated, within 5 days from the end of the Financing Contingency Period, to deliver to Seller evidence that Buyer has the ability to close on the purchase of the Property through any combination of cash and/or loans. In the event Buyer is obtaining a mortgage or other Loan(s) from an institutional lender, Buyer shall provide Seller with a copy of the loan commitment for each such Loan which states the type, amount and terms of the Loan(s) for which Buyer has been approved. While provision of a copy of the loan commitment(s) to Seller shall satisfy Buyer s obligation to provide Seller evidence of Buyer s ability to close on the purchase of the Property, it is not a guarantee that Buyer will be able to close or meet conditions in the loan commitment. In the event Buyer fails to provide Seller with the information required above within the timeframe set forth above, Seller may terminate this Agreement within seven (7) days thereafter due to Buyer s default upon notice to Buyer. In the event Seller does not terminate this Agreement within that timeframe, the right to terminate on this basis shall be waived. 5. Authorization of Buyer to Release Information to Seller and Brokers. Buyer does hereby authorize Seller and the Brokers identified herein to communicate with the lenders with whom Buyer is working to determine and receive from said lenders any or all of the following information: (a) the status of the loan application; (b) Buyer s financial ability to obtain the Loan(s) or other loans for which Buyer has applied; (c) whether and when Buyer provided the lenders with Required Information; (d) whether and what conditions may remain to complete the loan application process and issue of a loan commitment; and (e) the basis for any Loan Denial Letter. 6. Miscellaneous. For the purposes of this Exhibit, the term mortgage loan shall refer to a secured lending transaction where the loan or promissory note is secured by a deed to secure debt on the Property. Whether such mortgage loan is a first or second mortgage loan is a reference to the legal priorities of the deeds to secure debt relative to each other and other liens and encumbrances. 7. It is expressly agreed that, notwithstanding any other provisions of this Agreement, Buyer shall not be obligated to complete the purchase of Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given in accordance with HUD/FHA requirements a written statement by the Federal Housing Commissioner or a Direct Endorsement lender setting forth the appraised value of Property of not less than $. Buyer shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value or condition of the property. The purchaser should satisfy himself/herself that the price and condition of the property are acceptable. 8. The FHA up-front 1.75 percent (%) mortgage insurance premium shall be paid by Buyer as follows: [select one] A. in full at closing, OR B. added to the loan amount and financed. (If this box is checked, then the term loan amount as used herein shall mean the amount set forth in the Purchase and Sale Agreement plus the FHA mortgage insurance premium so financed; the monthly payments will increase accordingly.) 9. Buyer is aware that a monthly mortgage insurance premium shall be included in the regular monthly mortgage payments. 10. Seller shall pay the following lender fees: Tax Service Fees. (These costs are OR are not included in any closing costs that Seller may have agreed to pay in accordance with the Seller s Contributions at Closing paragraph. 11. Any repairs required in the FHA Commitment shall be completed and paid for by SELLER prior to closing provided such repairs do not exceed $ in total costs. 12. Seller shall pay the cost of any lender-imposed inspections of the septic tank and/or well systems. 13. If the improvements on Property are less than one year old at the time of closing, Seller shall, if required by FHA, provide a home warranty certificate acceptable to FHA. 14. As required by FHA, both Buyer and Seller agree that if public water or a public sewer system is available at the street, Property must be connected, and that [select one]: SELLER agrees to pay the cost of said connection not to exceed $ OR Buyer to pay $ and Seller to pay $ for the cost of connection. At the time of closing, Seller shall provide certification from the proper authority that Property is connected to and serviced by the public system. 15. Seller, Buyer, and Broker (and its Affiliated Licensees) certify that the above referenced Purchase and Sale Agreement is true and complete to the best of our knowledge and fully represents the transaction between them. No agreements exist outside this Purchase and Sale Agreement, and any agreements made from this date until closing, shall be revealed to lender. 16. Buyer and Seller certify that [select one]: This is an arms length transaction as there is no relationship between the Buyer and Seller OR this is not an arms length transaction because. Tanesha Lanier THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS AT (770) Copyright 2013 by Georgia Association of REALTORS, Inc. F63, FHA Loan Exhibit, Page 2 of 3, 01/01/13

11 17. This exhibit shall control over a conflicting or inconsistent provision set forth in any other Exhibit to this Agreement. 18. If the Property is a condominium unit, the purchase of the Property shall be contingent upon the condominium in which the unit is located being eligible for and approved by FHA. In the event the Property is not a condominium unit, this paragraph shall not be deemed a part of this Exhibit. Buyer s Signature Seller s Signature Buyer s Signature Seller s Signature Selling Broker Listing Broker By: Broker or Broker s Affiliated Licensee By: Broker or Broker s Affiliated Licensee Member of: of REALTORS Member of: of REALTORS Tanesha Lanier THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS AT (770) Copyright 2013 by Georgia Association of REALTORS, Inc. F63, FHA Loan Exhibit, Page 3 of 3, 01/01/13

12 or Fax EARNEST MONEY EXHIBIT B PLACE COPY HERE BUYER'S INITIALS SELLER'S INITIALS

13 or Fax COUNSELING CERTIFICATE EXHIBIT C INSERT COPY AFTER THIS PAGE Must include six hour group counseling certificate and a two hour individual counseling certificate. BUYER'S INITIALS SELLER'S INITIALS

14 or Fax LENDER PRE-APPROVAL LETTER EXHIBIT D INSERT COPY AFTER THIS PAGE BUYER'S INITIALS SELLER'S INITIALS

15 Fax Addendum #1 Contract of Sale Rockdale NSP Agreement This Addendum is to be made a part of the agreement- Contract of Sale dated / / between ( Seller ), and (Buyer ), as a condition to Buyer s participation in the Rockdale NSP Program for the property located at the following address: (the Property ). IN THE EVENT ANY PROVISION OF THIS ADDENDUM CONFLICTS IN WHOLE OR IN PART WITH THE TERMS OF THE CONTRACT OF SALE, THE PROVISIONS OF THIS ADDENDUM SHALL CONTROL. 1. CONDITIONS OF SALE. Buyer acknowledges that Seller obtained the Property pursuant to the Rockdale NSP Program. The Contract of Sale is subject to each of the following conditions: (i) final approval that program conditions have been fulfilled by both Seller and Buyer pursuant to Rockdale NSP Program guidelines, as determined by Rockdale County, Georgia, (ii) Seller acknowledgement that no proceeds shall be received at closing, (iii) any further conditions and requirements as set forth here in below and accepted by all parties. In the event any of these conditions are applicable and not met, then Seller and Buyer acknowledge that Rockdale NSP Program funds shall not be provided for purchase of Property and Rockdale County, Georgia shall have no further obligation to provide funds for the purchase of the Property to Buyer and Seller. BUYER AND SELLER HEREBY WAIVE, DISCLAIM AND RENDER NULL AND VOID ANY CLAIM AGAINST ROCKDALE COUNTY, GEORGIA FOR ANY EXPRESS REPRESENTATIONS, WARRANTIES, OR STATE- MENTS CONTAINED IN THE CONTRACT OF SALE, WHETHER REFERRING TO THE CONDITION OF THE PROPERTY, OR WHETHER REFERRING TO THE EXISTENCE OF FEATURES, FUNCTIONS OR SERVICES RELATING TO OR SERVING THE PROPERTY. 2. UNWRITTEN STATEMENTS. Any unwritten or oral statements, representations, promises, negotiations, or agreements by and between Buyer, Seller, and Rockdale County, Georgia shall NOT be considered to be a part of the Contract of Sale unless incorporated in writing into the Contract of Sale. 3. AVAILABLE NSP FUNDS. Buyer and Seller acknowledge and accept that available Rockdale NSP Funds for the purchase of this Property shall not exceed $14, ( NSP Available Funds ). Buyer and Seller further acknowledge and accept that Rockdale County, Georgia may provide less than the NSP Available Funds to Buyer and that such determination is made by Rockdale County, Georgia and subject to final approval by Rockdale County, Georgia, Buyer s specific lender and loan program, if applicable. Down payment assistance funds shall act as a second mortgage with a zero percent interest rate with a deferred payment: the period of affordability shall last five years and remain with all terms of the promissory note. Buyer and seller herby agree to submit verification of HUD certified education before closing. The receipt of Rockdale County, Georgia s down payment assistance shall be provided only to said purchasers. Down payment assistance funds can only be 1 BUYER'S INITIALS SELLER'S INITIALS

16 Fax be applied toward down payment on NSP properties. Any funds not applied toward the sale of NSP homes shall not be applied and will remain in the possession of Rockdale County, Georgia. 4. CLOSING COSTS. Rockdale County, Georgia shall provide up to five percent in closing costs. Allowable expenses for closing costs are subject to approval from the Rockdale County NSP. Loan origination fees may not exceed the amount allowable by the insurer. However, the total loan origination fees and discount points may not exceed two percent of the said sales price. The interest rate on the lender s first mortgage may not exceed Fannie Mae s 30-year fixed rate mortgages by more than two percent. The lender must provide a copy of the interest rate commitment for the first mortgage loan at the time the loan of loan submission for underwriting review. 5. REAL ESTATE COMMISSION. Total real estate commission available in each NSP transaction shall not exceed six percent. NSP transactions involving one real estate agent: the real estate commission shall not exceed four percent of the contract sales price. The commission agreement shall serve as a part of this contract. The real estate commission shall be paid to the Listing Broker and cooperated with a selling broker as follows: 3% TO SELLING BROKER ONLY 6. ATTORNEY REVIEW. Buyer and Seller acknowledge that Buyer and Seller have had an opportunity to consult with legal counsel regarding this Agreement. Accordingly, the Parties agree that the terms of this Agreement are not to be construed against any party because that party drafted the Agreement or construed in favor of any party because that party failed to understand the legal effect of the provisions of this Agreement. 7. SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, all of which shall remain in full force and effect. 8. ADDITIONAL CONDITIONS. Contract extensions are subject to the approval of Rockdale County, Georgia. Purchasers seeking a contract extension incur a $75.00 per diem charge; fees are deducted from available closing costs. (a) At contract, the Buyer shall obtain and provide to Seller or Seller s agent a Statement of NSP Eligibility issued by the Rockdale County Neighborhood Stabilization Program. The Buyer is responsible for satisfaction of all Rockdale County Neighborhood Stabilization Program requirements to maintain NSP eligibility. The Seller s obligations under this Agreement are contingent upon the Buyer s NSP eligibility. BUYER'S INITIALS SELLER'S INITIALS 2

17 Fax (b) The sale of this Property is contingent upon the third party financing provided by the Rockdale County Neighborhood Stabilization program for a second mortgage loan of up to $14,500 and an additional 5% of the purchase price of the home to be paid toward the buyers closing cost for the purchase of the subject property. Financing approval is contingent upon the availability of NSP funds provided under the Neighborhood Stabilization Program authorized by the Housing and Economic Recovery Act of (c) Buyer hereby authorizes their lender to furnish to the Seller or Rockdale County NSP, or its representative information relating only to the status of financing approval of Buyer and to furnish to the Seller or Rockdale County NSP, or its representative information relating to compliance with the NSP program. (d) Seller shall provide a home warranty to the buyer at closing and shall be provided at no cost to the purchaser (e) Buyer hereby agrees to complete all pre-purchase counseling requirements The Buyer represents that the Buyer intends to occupy the Property as the Buyer s principal residence and that the Buyer will seek approval for eligibility for the Neighborhood Stabilization Program (NSP) through the Rockdale County Neighborhood Stabilization Program. Accordingly, the following additional provision applies to this Agreement: THE UNDERSIGNED APPROVE AND ACCEPT THIS ADDENDUM AND ACKNOWLEDGE THIS ADDENDUM TO BE A PART OF THE CONTRACT OF SALE. IN THE EVENT ANY PROVISION OF THIS ADDENDUM CONFLICTS WITH THE TERMS OF THE CONTRACT OF SALE, THE PROVISIONS OF THIS ADDENDUM SHALL CONTROL. SELLER: BUYER(S): BY: BY: TITLE: BY: DATE: / / DATE: / / For County Official Use Only REVIEW / APPROVAL TITLE SIGNATURE APPROVAL DATE ADMINISTRATOR FINANCE DIRECTOR 3 BUYER'S INITIALS SELLER'S INITIALS

18 Fax Parties of the Sale ROC ADDENDUM #2 PROPERTY & SELLING AGENT INFORMATION Property Address Sales Price $ Selling Agent: Brokerage: Address: City, State, Zip: BUYERS INFORMATION Buyer: Buyer: Address: City, State, Zip: Phone: Work Phone: Home Phone: CLOSING COMPANY Company: T. Smith Law Group, P.C. Physical Address: 2135 Eastview Parkway, Suite 800 Conyers, GA Contact: Tricia Smith Nola Zimmer Phone: Fax Tricia@tsmithlawgroup.com Nola@tsmithlawgroup.com Proposed Closing Date & Time: MORTAGAGE INFORMATION Buyer Prequalification Amount: Company: Loan Officer: Work Phone: Loan Processor: Address: City, State, Zip: Fax: Lender Agreement & Worksheet (required at contract ) yes no LISTING AGENT Agent: ROCKDALE COUNTY NSP NONE Brokerage: Address: 958 MILSTEAD AVE City, State, Zip: CONYERS, GA ROCINFO@ROCKDALECOUNTY.ORG Phone: Office: Fax: OFFICE USE ONLY Earnest Money: $ Received: All parties have received Executed contract Yes/NO Due Diligence Period Ends: Financing Contingency Ends: Special Stipulation(s): Homebuyer Counseling Completed yes no Completion Date: Scheduled Counseling date (if not complete One-on-one counseling completed yes no Completion Date: Scheduled Counseling date (if not completed) Are there any Back up Offers on this Property yes no

19 or Fax ROCKDALE COUNTY ELIGIBILITY NOTICE ADDENDUM #3 INSERT COPY AFTER THIS PAGE BUYER'S INITIALS SELLER'S INITIALS

20 Fax ROC ADDENDUM #4 Rockdale County NSP Lender Agreement ALL PAGES OF THIS DOCUMENT MUST BE COMPLETED BY THE BUYER'S LENDER. BUYER'S INITIALS SELLER'S INITIALS